Yashwant Doodh Vyavsaik Sahakari Sanstha Maryadit Dhanora Thro Its Chairman Rajendra Sahebrao Jagta v. The State Of Maharashtra And Others

1 WP4899.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 4899 OF 2015 Yashwant Doodh Vyavsaik Sahakari Sanstha Maryadit Dhanora .. Petitioner

Versus

The State of Maharashtra and Others .. Respondents Shri C. V. Thombre, Advocate for the Petitioner Smt. Y. M. Kshirsagar, A. G. P. for the Respondent / State CORAM : S. V. GANGAPURWALA AND A. I. S. CHEEMA, JJ.

DATE : 30TH APRIL, 2015.

PER COURT :

1.

We have heard Mr. Thombre learned counsel for the petitioner. The learned counsel submits that, the act of the Respondent Nos. 1 to 4 in holding election to the Managing Committee of Respondent No. 5 only considering the societies of Beed and Kaij Talukas is erroneous. The Area of operation of Respondent No. 5 is for the total Beed District. The amendment to the Bylaw is improper.

2.

The learned A. G. P. states that even last date for withdrawal of nomination is over. All stages except voting are

2 WP4899.15 concluded.

3.

We have considered the submissions. The last date for withdrawal was 29 th April, 2015 and today the date is for distribution of election symbol and publication of final list. In the present writ petition even notice is not issued. No fruitful purpose would be served by keeping the petition pending. As all stages in the election except voting are concluded, we are not inclined to entertain the petition. Even otherwise the petitioner has a remedy at his disposal even after the elections are over. 4.

In light of the above, writ petition is disposed of with liberty to the petitioner to file Election Petition or take up such other appropriate remedy as is permissible in law. No costs. [ A. I. S. CHEEMA, J. ] [ S. V. GANGAPURWALA, J. ] sam/April. 15